Legal Justifications in Criminal Law
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Questions and Answers

Unlawful aggression is one of the requirements for justifying circumstances in defense.

True

Acting in defense of a stranger does not require the same initial conditions as acting in defense of oneself.

False

A person can avoid criminal liability if they damage another person while trying to prevent a greater injury.

True

Provocation by the person being defended against negates the possibility of a justified defense.

<p>True</p> Signup and view all the answers

A person can justify their actions in defense of an adopted sibling under the same rules as biological siblings.

<p>True</p> Signup and view all the answers

A person following a superior's lawful order cannot incur criminal liability under any circumstances.

<p>False</p> Signup and view all the answers

A reasonable necessity of the means employed is not essential for a defense claim to be valid.

<p>False</p> Signup and view all the answers

Imputability refers to the quality by which an act can be ascribed to a person.

<p>True</p> Signup and view all the answers

Responsibility implies that an act committed has been freely and consciously done.

<p>True</p> Signup and view all the answers

Guilt refers to the honor of taking penal and civil consequences of a crime.

<p>False</p> Signup and view all the answers

Justifying circumstances occur when a person is deemed not to have transgressed the law.

<p>True</p> Signup and view all the answers

Self-defense requires proof that there was a lawful aggression by the accused.

<p>False</p> Signup and view all the answers

The burden of proof in self-defense cases lies with the accused.

<p>True</p> Signup and view all the answers

Unlawful aggression must include a merely threatening or intimidating attitude.

<p>False</p> Signup and view all the answers

A paramour can invoke self-defense if they kill the offended husband during an act of adultery.

<p>False</p> Signup and view all the answers

The necessity of compelling circumstances is one of the requisites for lawful defense.

<p>True</p> Signup and view all the answers

Study Notes

Justifying Circumstances

  • Justifying circumstances indicate scenarios where individuals do not incur criminal liability.
  • Requirement for self-defense: unlawful aggression, reasonable necessity of defense means, and lack of sufficient provocation.
  • Defense of relatives includes spouse, ascendants, descendants, siblings, and relatives by affinity within the fourth civil degree, provided the same requisites for self-defense apply.
  • Defense of a stranger is justifiable under the same conditions as self-defense, with the absence of malicious motives.
  • Preventive acts to avoid greater harm must ensure that the threat is real, the injury inflicted is lesser, and there are no less harmful alternatives.
  • Actions taken in fulfilling a duty or lawful exercise of rights are exempt from criminal liability.
  • Compliance with lawful superior orders does not incur liability.

Circumstances Affecting Criminal Liability

  • Categories include Justifying Circumstances, Exempting Circumstances, Mitigating Circumstances, Aggravating Circumstances, and Alternative Circumstances.

Imputability

  • Refers to the quality allowing attribution of an act to a person, denoting the act was performed freely and consciously.

Responsibility

  • Obligation to bear the consequences of a crime, encompassing both penal and civil repercussions.

Guilt

  • A critical aspect of responsibility; an individual must be proven guilty for accountability.

Self-Defense

  • The burden of proof rests with the accused, requiring evidence to be clear, convincing, and satisfactory.
  • Self-defense extends to protecting not just oneself, but also legal rights including rights to life, property, and honor.

Lawful Defense

  • Justified by the innate human instinct for self-preservation and the state’s failure to prevent unjust aggression.
  • Recognized as a right and an act of social justice to counter unlawful aggression.

Requisites for Self-Defense

  • Unlawful Aggression: Must be actual, sudden, and capable of causing harm; mere threats do not qualify.
  • Reasonable Necessity: Means of defense employed must be suitable and necessary to repel the aggression.
  • Lack of Sufficient Provocation: The defender must not have provoked the aggression.

Unlawful Aggression Insights

  • Two types of aggression exist: lawful (within rights or duties) and unlawful (threatening).
  • A person caught in a personal dispute, such as a paramour in adultery, cannot claim self-defense against a spouse assaulting them.
  • Unlawful aggression must present an immediate threat, not merely a perceived or intimidating stance.
  • Actual and imminent dangers must be present for a claim of self-defense to hold validity, ruling out preemptive or retaliatory actions without real peril.

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Description

This quiz explores the justifying circumstances under which an individual may not incur criminal liability, specifically focusing on self-defense and defense of others. Test your understanding of the necessary conditions and legal principles involved in defending oneself or others in various situations.

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